Amends TCA Title 37.
This bill permits the detention of a child in a secure facility when there is probable cause to believe the child has committed certain offenses involving burglary, robbery, or theft of a motor vehicle; and removes restrictions on the juvenile court's authority to order detention for a child who has committed a delinquent act, all as discussed below. Generally under present law, the detention of a child in a secure facility or secure portion of any facility is prohibited; however, there are certain exceptions to this prohibition, such as when there is probable cause to believe the child has committed a delinquent offense constituting: a crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim; or the unlawful possession of a handgun or carrying of a weapon. This bill adds authorization for such detention when there is probable cause to believe the child has committed a delinquent offense constituting burglary, aggravated burglary, especially aggravated burglary, robbery, aggravated robbery, especially aggravated robbery, carjacking, or theft of a motor vehicle. Under present law, if a child is found to be a delinquent child, the court may make one of a variety of dispositions best suited to the child's treatment, rehabilitation and welfare. One such disposition is placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. Under this provision, the court may order detention for a maximum of 48 hours for the delinquent child to be served only on days the school in which the child is enrolled is not in session. The court may order the delinquent child to participate in programming at a nonresidential facility for delinquent children operated under the direction of the court or other local public authority after the period of detention. This bill removes the 48-hour maximum on such detention and removes the requirement that such detention be served only on days when the child's school is not in session.
This bill permits the detention of a child in a secure facility when there is probable cause to believe the child has committed certain offenses involving burglary, robbery, or theft of a motor vehicle; and removes restrictions on the juvenile court's authority to order detention for a child who has committed a delinquent act, all as discussed below. Generally under present law, the detention of a child in a secure facility or secure portion of any facility is prohibited; however, there are certain exceptions to this prohibition, such as when there is probable cause to believe the child has committed a delinquent offense constituting: a crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim; or the unlawful possession of a handgun or carrying of a weapon. This bill adds authorization for such detention when there is probable cause to believe the child has committed a delinquent offense constituting burglary, aggravated burglary, especially aggravated burglary, robbery, aggravated robbery, especially aggravated robbery, carjacking, or theft of a motor vehicle. Under present law, if a child is found to be a delinquent child, the court may make one of a variety of dispositions best suited to the child's treatment, rehabilitation and welfare. One such disposition is placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. Under this provision, the court may order detention for a maximum of 48 hours for the delinquent child to be served only on days the school in which the child is enrolled is not in session. The court may order the delinquent child to participate in programming at a nonresidential facility for delinquent children operated under the direction of the court or other local public authority after the period of detention. This bill removes the 48-hour maximum on such detention and removes the requirement that such detention be served only on days when the child's school is not in session.
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